Hotels and 30.06

[GrillKing]

Anyway, 30.06 only applies to CHL so an unlicensed person can carry on premises under their control regardless of 30.06 signs

This is an interesting point. PC 30.06 refers to "on property of another" Therefore, if the hotel is the property of another and 30.06 is applicable to the licensed, it would mean the unlicensed is subject to PC 30.05.d, criminal trespass with a deadly weapon. You can't have it both ways.

Most 30.06 signs I have seen also have a ghostbusters above the text. Seems to me, this clearly covers unlicensed (30.05) as well as licensed (30.06) carry. Also covers long guns (30.05) ....

[bryang]

I have to travel to Dallas several times a year to Dallas Medical City and have stayed in several motels in that vicinity and I have never seen a 30.06 posted at any of them. However, if I do run into one that is posted, I would just go down the street to another one after I leave a "no gun = no money" card with the manager.

-geo

[bryang]

"Double post" SORRY!

-geo

[boomerang]

This is an interesting point. PC 30.06 refers to "on property of another" Therefore, if the hotel is the property of another and 30.06 is applicable to the licensed, it would mean the unlicensed is subject to PC 30.05.d, criminal trespass with a deadly weapon. You can't have it both ways.

By accepting your money and giving you a room key, I think they gave you consent to be on the property. A hotel guest in their room is not trespassing.

[TacShot]

This is an interesting point. PC 30.06 refers to "on property of another" Therefore, if the hotel is the property of another and 30.06 is applicable to the licensed, it would mean the unlicensed is subject to PC 30.05.d, criminal trespass with a deadly weapon. You can't have it both ways.

By accepting your money and giving you a room key, I think they gave you consent to be on the property. A hotel guest in their room is not trespassing.

Good Point! the hotel guest would not be trespassing. My statement, you can't have it both ways, is from my belief that the Penal Code would not prohibit licensed carry and allow unlicensed carry under the same circumstances. That is to say if PC30.06 is applicable because of it being "on property of another," the exception to PC 46.02. UNLAWFUL CARRYING WEAPONS, found in PC46.15.(b)(2) "is on the persons own premises or premises under the person's control..." would not be applicable.

[anygunanywhere]

I am interested in how you carry in CA as I understand they don't have a reciprocal agreement with TX?

I don't carry but you can drive a car and you can't beat a rental car for kinetic energy. Drive them like you stole them.

It is perfectly legal to bring firearms to California and keep them in your room for protection. California law considers your hotel room the same as your residence. The same deadly force rules apply. I have flown in and out of Oakland airport in Northern Ca, LAX and John Wayne airports in Southern CA. If you fly in and out of LAX be prepared for LAPD to run your firearm serial numbers before you do the TSA stuff.

NO MAGAZINES OVER 10 ROUNDS.

Anygunanywhere

[nils]

+1.....

[Rayden]

I am interested in how you carry in CA as I understand they don't have a reciprocal agreement with TX?

I don't carry but you can drive a car and you can't beat a rental car for kinetic energy. Drive them like you stole them.

It is perfectly legal to bring firearms to California and keep them in your room for protection. California law considers your hotel room the same as your residence. The same deadly force rules apply. I have flown in and out of Oakland airport in Northern Ca, LAX and John Wayne airports in Southern CA. If you fly in and out of LAX be prepared for LAPD to run your firearm serial numbers before you do the TSA stuff.

NO MAGAZINES OVER 10 ROUNDS.

Anygunanywhere

Interesting. I'll have to keep this in mind as I need to make some business trips to CA next year. So if I check it in with my luggage, I can transport it in my rental car on my way to my hotel room? Can it be loaded in the glove compartment, or it has to be unloaded in the trunk?

[srothstein]

I thought I read another post on here that said that 30.06 was unenforceable at a hotel because of basically that hotel room becomes your domicile on a temporary basis?

I'm still not convinced this is true. By this reasoning you could smoke in a non-smoking room, you could bring your pets into your room, you could bring in 10 people to sleep in your room, etc. I believe that being caught in a hotel, including your room, that is 30.06 posted will likely result in a trip downtown.

Even if it didn't apply to the room itself, I believe it would apply to the common areas and I don't think HB1815 can give you rights to traverse anothers property, the hotel hallways/lobby, to your vehicle with a gun. Of course IANAL and my opinion has no influence with LEOs or Courts.

I am responding to this thread here instead of in the Super 8 thread where Grillking posted to avoid hijacking that thread.

My explanation of the difference and why the 30.06 sign for a hotel would be invalid for your room is like carrying at work against policy. For all of the above examples and for carrying in your room against a 30.06 sign, you would be in breach of a contract. You could not be arrested for any of them (well, maybe one - more in a minute) but you could be evicted or sued for violating the contract by which you rented the room. The one that might be an arrestable offense would be having more people sleep in the room than you paid for. If the room fee is based on the number of occupants - as many hotels are in their rack rate - you might be charged with theft of service.

So, if a hotel is posted, like the super 8 (and that is the first I have ever heard of one being posted), you could be arrested for carrying in the common areas but not in your room. You could be evicted or sued for having it in your room in violation of your contract. This would be similar to the recent San Antonio case where the apartment is throwing the man out for having guns in violation of his lease.

[The Annoyed Man]

I am interested in how you carry in CA as I understand they don't have a reciprocal agreement with TX?

I don't carry but you can drive a car and you can't beat a rental car for kinetic energy. Drive them like you stole them.

It is perfectly legal to bring firearms to California and keep them in your room for protection. California law considers your hotel room the same as your residence. The same deadly force rules apply. I have flown in and out of Oakland airport in Northern Ca, LAX and John Wayne airports in Southern CA. If you fly in and out of LAX be prepared for LAPD to run your firearm serial numbers before you do the TSA stuff.

NO MAGAZINES OVER 10 ROUNDS.

Anygunanywhere

Interesting. I'll have to keep this in mind as I need to make some business trips to CA next year. So if I check it in with my luggage, I can transport it in my rental car on my way to my hotel room? Can it be loaded in the glove compartment, or it has to be unloaded in the trunk?

I was a California resident most of my life until mid 2006. You may not legally have a loaded firearm in your car in California. In fact, if you have ammunition, it must be stored separately, and the firearm (regardless of type) must be locked in an appropriate carrying case - out of reach of the driver. Having the gun in your hotel room is fine, but you may not carry it concealed to and from your car. It must be in its carrying case. It cannot be in your glove compartment. Again, it doesn't have to be in the trunk (for instance if you're driving an SUV, which doesn't have a trunk), but it does have to be out of your reach, locked in its case.

ALSO, California has a 10 round magazine capacity limit, regardless of caliber, for handguns; and a 12 round magazine with only 10 rounds in it is not legal. So, you'll want to make sure that your magazine is California legal.

[GrillKing]

So, if a hotel is posted, like the super 8 (and that is the first I have ever heard of one being posted), you could be arrested for carrying in the common areas but not in your room.

Steve, thanks for the explanation. However, even if you can legally carry in your room, if you can't go through the lobby and hallways to get there, it really doesn't matter. Fortunately, almost no hotels are posted. This is the 1st I've heard confirmed as posted in any fashion.

My fear is that I will have reservations at a hotel, I'll be past the penalty free cancellation time and I pull into the lot and see that even the lot is posted. Now what??? If the building is posted I can leave my gun in the car, even though I don't like that. If the lot is posted, I'm out of luck and out my money.

[GrillKing]

Also, sorry if I was hijacking the other thread.

[anygunanywhere]

I was a California resident most of my life until mid 2006. You may not legally have a loaded firearm in your car in California. In fact, if you have ammunition, it must be stored separately, and the firearm (regardless of type) must be locked in an appropriate carrying case - out of reach of the driver. Having the gun in your hotel room is fine, but you may not carry it concealed to and from your car. It must be in its carrying case. It cannot be in your glove compartment. Again, it doesn't have to be in the trunk (for instance if you're driving an SUV, which doesn't have a trunk), but it does have to be out of your reach, locked in its case.

ALSO, California has a 10 round magazine capacity limit, regardless of caliber, for handguns; and a 12 round magazine with only 10 rounds in it is not legal. So, you'll want to make sure that your magazine is California legal.

What AM said is correct.

Anygunanywhere

[mr.72]

Wow. On a recent cross-country trip, we stayed at one or more Super 8 motels and I never even bothered to look for a sign anywhere but the door.

FWIW we stayed at 5 or 6 different hotel/motel type places between here and Pennsylvania and did not see a single no-guns type sign anywhere. Of course we didn't try and stay in states where I knew that my CHL was not valid (such as DC, MD, WV, NJ, NY).

[KBCraig]

Wow. On a recent cross-country trip, we stayed at one or more Super 8 motels and I never even bothered to look for a sign anywhere but the door.

As stated, it doesn't have to be on the door, but it does have to be "conspicuous to the public". Even if there was a sign, if you didn't see it in the normal course of business, then it didn't meet that standard.

Many, probably most, hotels and motels are franchise operations. Just like pizza joints, the franchisee sets the rules. Don't assume a sign on a single motel says anything at all about the brand owner's policies, or other locations sharing that brand but owned by someone else.